Opinion
No. 3:19-CV-1062-K-BH
09-08-2020
RESHUNN CHAMBERS, Plaintiff, v. SOCIAL SECURITY ADMINISTRATION, et. al, Defendants.
Referred to U.S. Magistrate Judge
By 28 U.S.C. § 636(b) and Amended Miscellaneous Order No. 6 (adopted by Special Order No. 2-59 on May 5, 2005), requests to proceed in forma pauperis are automatically referred. --------
RECOMMENDATION REGARDING REQUEST TO PROCEED IN FORMA PAUPERIS ON APPEAL
Before the Court is the plaintiff's Application to Proceed In District Court Without Prepaying Fees or Costs, received September 4, 2020 (doc. 162), in connection with his notices of appeal.
(X) The request for leave to proceed in forma pauperis on appeal should be DENIED because the Court should certify under Fed. R. App. P. 24(a)(3) and 28 U.S.C. § 1915(a)(3) that the appeal is not taken in good faith, and that it presents no legal points of arguable merit and is therefore frivolous for the reasons set forth in the findings, conclusions, and recommendations, filed in this case on July 29, 2020 (doc. 133), and August 12, 2020 (doc. 141).
If the Court denies the request to proceed in forma pauperis on appeal, the plaintiff may challenge the denial by filing a separate motion to proceed in forma pauperis on appeal with the Clerk of Court, U.S. Court of Appeals for the Fifth Circuit, within thirty days after service of the notice required by Fed. R. App. P. 24(a)(4). See Fed. R. App. P. 24(a)(5).
SIGNED this 8th day of September, 2020.
/s/_________
IRMA CARRILLO RAMIREZ
UNITED STATES MAGISTRATE JUDGE